VICTORIAN CIVIL and ADMINISTRATIVE TRIBUNAL [VCAT] ORDER Email Received: 5 August 2011.

Dear Sir/Madam APPLICATION CONCERNING: 140-160 Swan Street RICHMOND VIC 3121 I refer to the above application and attach a copy of VCATs decision in this matter. The copy is a Microsoft Word document. If you require a hard copy of this order please email VCAT and it will be posted to you. THE EFFECT OF THIS DECISION This decision is final and binding unless it is set aside by the Supreme Court, or the order is corrected, revoked or varied under the provisions of s. 119 or 120 of the VCAT Act 1998. In coming to its decision the Tribunal has made a finding on the issues before it. It has no power to review or reconsider or alter this finding once the decision is published. Therefore, it is inappropriate for the Tribunal to enter into correspondence with parties as to the issues presented before it and the merits of the decision. Should you wish to challenge the decision, you should consider obtaining legal advice as to your rights in the circumstances. This should be done promptly as an appeal to the Supreme Court must be lodged within 28 days of this decision. The Tribunal is unable to enter into correspondence in relation to issues or evidence subject of this decision. PLEASE NOTE Most Planning & Environment List decisions are also available via our website (www.vcat.vic.gov.au) which has a link to take you to the Australasian Legal Information Institutes website (AustLII) where records of the decisions are stored and may be accessed. Decisions should appear on AustLII within 14 days after the decision is posted. We suggest you use the Recent Updates List function on AustLII to find recently released cases. SERVICE OF DOCUMENTS BY EMAIL If you have any concern about the authenticity of this email, please contact VCAT for confirmation. Yours faithfully ANTHONY JACOBS REGISTRAR Victorian Civil and Administrative Tribunal

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ADMINISTRATIVE DIVISION PLANNING AND ENVIRONMENT LIST APPLICANT RESPONSIBLE AUTHORITY REFERRAL AUTHORITY & RESPONDENT RESPONDENTS
VCAT REFERENCE NO. P623/2011

Richmond Icon Pty Ltd Yarra City Council Director of Public Transport VicRoads, A Harris for Save Dimmeys, R Pinnell, D Yeomans, BJ Donaldson, P Connole, J Sturzaker, D Dorow, R Dunphy, A Duffield, A Duffield, L Moloney, P Kollatos, S Claney & R Rixon, J Grimwade, S Duffield, C & G Katsabis, M Phillipson & C PelhamThorman, P Tratt, A& J Tratt, Almost French (P Chhor & K Kouch), M Drost for Planning Backlash, D Cousins, L Reeves, J Pearce and M Fernon 140-160 Swan Street, Richmond Melbourne Rachel Naylor, Presiding Member Michael Read, Member Hearing 30-31 May, 1-3 & 29 June 2011 5 August 2011

SUBJECT LAND WHERE HELD BEFORE HEARING TYPE DATES OF HEARING DATE OF ORDER

ORDER

By no later than Monday 15 August 2011, the Applicant must provide Mr Walshs SIDRA analysis to VicRoads. By no later than Tuesday 30 August 2011, VicRoads must advise all parties what mitigating works, if any, are sought in proximity to the Swan and Green Streets intersection. Rachel Naylor Presiding Member

REASONS

This is an application to review the decision by Yarra City Council to refuse to grant a permit for alterations and additions to the existing building and development of new buildings associated with a mix of land uses at 140-160 Swan Street, Richmond. During the without prejudice discussion about permit conditions on the final day of the hearing on Wednesday 29 June 2011, VicRoads requested a condition that enabled it to undertake a rigorous analysis of Mr Walshs SIDRA files, and determine if any mitigation works are required in proximity to the Swan and Green Streets intersection. Mr Tweedie opposed this condition stating it is not good enough for VicRoads to say there might be a problem with the intersection. The submissions and evidence on this issue are not satisfactory and this is a matter that we require further information before making our decision. Accordingly, the Applicant is ordered to provide Mr Walshs SIDRA analysis to VicRoads by Monday 15 August 2011; and VicRoads is ordered to review this analysis within the following fortnight and advise of what mitigating works, if any, are sought in proximity to the Swan and Green Streets intersection. If no works are required, we will then make our decision on the overall merits of this matter. If works are required, we will then issue further directions allowing the other parties to respond to this advice.

Rachel Naylor Presiding Member

Mr Walsh provided traffic engineering evidence for the Applicant.

VCAT Reference No. P623/2011Page PAGE 2 of NUMPAGES 2

NOTE: This document has been converted from Microsoft Word to PDF format for transmission purposes by [Save Dimmeys] recipient.